RULE 5.590. APPLICATION FOR APPOINTMENT AS
GUARDIAN; DISCLOSURE STATEMENT; FILING

(a) Individual Applicants.

(1) The application for appointment shall contain:

(A) the applicant’s qualifications to serve as a
guardian, including a statement indicating whether the applicant
has ever been (i) arrested or (ii) convicted of a felony, even if the
record of such arrest or conviction has been expunged, unless the
expunction was ordered pursuant to section 943.0583, Florida
Statutes; and

(B) the names of all wards who are adults and the
initials of any ward who is a minor for whom the applicant is then
acting as guardian, the court file number and circuit court in which
each case is pending, and a statement as to whether the applicant
is acting as a limited or plenary guardian of the person or property,
or both, of each ward.

(2) The application for appointment shall be filed and
served a reasonable time before the hearing on the appointment of a
guardian.

(b) Nonprofit Corporate Guardians.

(1) No application for appointment shall be required of
a nonprofit corporate guardian.

(2) A disclosure statement shall contain:

(A) the corporation’s qualifications to serve as a
guardian; and

(B) the names of all wards who are adults and the
initials of any ward who is a minor for whom the corporation is then
acting as guardian, the court file number and circuit court in which
each case is pending, and a statement as to whether the
corporation is acting as a limited or plenary guardian of the person
or property, or both, of each ward.

(3) The disclosure statement of a nonprofit corporate
guardian shall be filed quarterly with the clerk of the court for each
circuit in which the corporation has been appointed, or is seeking
appointment, as guardian.

(c) For Profit Corporations and Associations. No
application for appointment or disclosure statement shall be
required of any for profit corporation or association authorized to
exercise fiduciary powers under Florida law.

(d) Public Guardians. No application for appointment or
disclosure statement shall be required of a public guardian.

Committee Notes
Rule History

1988 Revision: Prior rule deleted; text of rule moved to rule
5.650.

1989 Revision: Rule reactivated with different title and text.

1991 Revision: Implements 1989 and 1990 amendments to
section 744.3125, Florida Statutes.

1992 Revision: Citation form change in committee notes.

1996 Revision: Adds filing and service provisions consistent
with rule 5.560. Corrects reference to corporations qualified to
exercise fiduciary powers. Editorial changes. Adds statutory
references.

2003 Revision: Committee notes revised.

2006 Revision: Committee notes revised.

2008 Revision: Committee notes revised.

2014 Revision: Amends subdivisions (a)(1)(B) and (b)(1)(B) to
conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Creates a rule
reference. Committee notes revised.

2014 Revision: Amends subdivision (a)(1)(A) to conform to
sections 744.309(3), 943.0583, and 943.0585, Florida Statutes.
Committee notes revised.

Statutory References

§ 393.063(17), Fla. Stat. Definitions.

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.

§ 744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions.

§ 744.3085, Fla. Stat. Guardian advocates.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
resident ward.

§ 744.3125, Fla. Stat. Application for appointment.

§ 744.331(1), Fla. Stat. Procedures to determine incapacity.

§ 744.3371, Fla. Stat. Notice of petition for appointment of
guardian and hearing.

§ 943.0583, Fla. Stat. Human trafficking victim expunction.

§ 943.0585, Fla. Stat. Court-ordered expunction of criminal
history records.

Rule References

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.